New York Employment Lawyers Dispelling Common Myths Regarding Employment Laws

Far too
often, New York area employees operate under
misconceptions or myths that have the
potential to negatively impact their career.
Cutting through the rumors and
misinformation related to New York
employment laws is important to protect both
the employee and the employer from
unnecessary financial hardship or legal
action.

The New
York employment lawyers at
Hepworth, Gershbaum & Roth leverage more
than 70 years of combined legal experience
to dispel rumors and emphasize truths in
employment law.

Here are
some of the most common New York employment
law myths.

Employers
must have cause for firing an employee.

Many
employees think that they must be given
cause for their termination, such as a lack
of performance or poor attendance. This
simply isn’t true – New York is an
employment-at-will state. This means that
employers are able to terminate an employee
for no specific reason, provided that those
reasons do not relate to discrimination,
whistleblowing or harassment.

This works
both ways, however, as employees may choose
to leave their jobs at any time, without
having to offer reasons.

Harassment is
always grounds for a lawsuit

We’ve all
seen or heard about harassment victims
filing, and winning, lawsuits against former
employers. While it is true that many types
of harassment are grounds for a lawsuit, it
is not always a given that a victim will
recover damages for their mistreatment. In
most cases, courts will only entertain
harassment lawsuits in cases in which the
victim was sexually harassed or targeted
because of a protected class status, such as
gender, race, religion, sexuality or age.

Harassment
based on other issues, such as a person’s
attire or unprotected issues may not be
grounds for a strong lawsuit.

Sexual
harassment only happens to women

Many
people think that women are the only gender
that experiences sexual harassment in the
workplace. This could not be further from
the truth. Men are nearly as likely to
experience sexual harassment from coworkers.
In fact, men file 20 percent of sexual
harassment cases handled by the U.S. Equal
Opportunity Employment Commission each year.
These numbers do not include men who choose
not to seek legal action.

Candidates
with disabilities have an advantage during
the hiring process

With equal
opportunity employment and diversity at the
forefront of hiring practices, many people
believe that individuals with disabilities,
or those from minority groups, have
advantages over other candidates. While it
is true that the U.S. Department of Labor
and state and federal labor laws prohibit
employers from denying candidates based on
disability, there truly is no concrete
advantage for disabled individuals.

For
instance, if a disabled individual fails to
meet the qualifications for employment, that
person can be passed over, providing that
the decision is based on factors other than
their disability. Should an employer find
themselves with a pool of candidates with
the same qualifications, there is no law
requiring them to hire a disabled individual
over a candidate without disability as long
as the decision is based solely on
qualifications.

The same
is true for candidate pools including
minorities and individuals of other
protected classes.

Winning
compensation in an employment law case is
relatively easy

Due to the
many high-profile harassment and
discrimination lawsuits in recent years,
many people have come to the belief that
winning an employment law case is relatively
simple. This could not be further from the
truth, however. In many cases, an employee
faces an uphill battle to prove their case
and demonstrate the impact of harassment,
unlawful termination or discrimination.

Adding to
the heavy burden of proof is the fact that
many employers retain high powered law firms
or legal teams dedicated to combatting
accusations of employment law infractions.

If you
feel that you have been harassed,
discriminated against or unlawfully
terminated, it is vital to hire an
experienced New York
employment law attorney immediately.

Schedule a free
initial consultation to discuss your
specific New York employment law concerns

If you
have encountered an employment law issue
that has the potential to wreak havoc on
your career, your emotional well-being or
your finances, it is important to speak to
an attorney. At Hepworth, Gershbaum & Roth,
our New York employment law attorneys
provide the supportive and informative
representation you need to understand your
legal footing and your options for pursuing
resolutions to your issues.

To
schedule a free consultation to discuss your
case with one of our New York employment
lawyers,
contact us online or call 212-545-1199
today.

CONTACT US

Contact an employment law
attorney in New York today
for a free initial
consultation and determine
whether you have a case. For
a free initial consultation,
you can contact us online or
by phone.